Chancery Depositions (PRO C3/372/8 Rose Partridge v Rich Harlakenden)

24.5.1622 (Friday 24 May 1622)

document 16300005

answer of Rich Harlakenden esq of the bill of complaint of Rose Partridge widow says that the bill is exhibited as he thinks by the procurement of some other of the copyholders of his manor of purpose to lay some scandalous imputation against his court rolls of the manors rather than for just cause or ground or suit for Rose Partridge herself has heretofore told him that some of the said copyholders had been in hand with her to put a bill against him to suchlike effect nevertheless he takes it to be true that Jeff Cuckoke formerly husband of Rose Partridge was in his lifetime lawfully seised as of fee of the several manors of Earls Colne and Colne Priory of and in all the lands and tenements in the bill mentioned except 12a of the 16a of wood holden of the several manors by copy of court roll which are the manors meant and intended by the complainant in the bill as he taketh it of both which said manors he son and heir of Roger Harlakenden esq now deceased is now lord the said Jeff Cuckoke being so seised as he heard by his last will and testament made on or about the 14.1.1585 devise the said lands and tenements to the complainant and her heirs and gave her also by the will certain other lands and tenements amounting in the whole to the yearly value as it has been credibly reported of 50li or three score pounds (60li) and likewise gave unto her several or the most part of his goods and chattels amounting to a great value as he has heard and to his children being eight or ten in number he gave very little as he has been credibly informed but committed them to the careful provision and education of Rose Partridge in whom as it seemed he reposed all his trust and confidence for that purpose and in likelihood having many promises of her to accomplish the same he did surrender the copyhold lands according to the use of his will and died shortly after whose death as he has heard she the complainant married Robt Partridge on which marriage she made no manner of provision either of advancement or education to her former husband's children according to the trust reposed in her as he has heard by reason of some of them did as he has heard go about abegging for their living and the residue in so poor miserable estate as it was lamentable to see or consider besides they had been beaten in such an extreme and unnatural manner and sort as they had oftentimes been forced to complain of their mother of her cruel dealings and he says of his own knowledge that not long since upon conference between him and the complainant to this or like effect touching the suit of most of those lands in question he having told her he knew it was not from need that she should make sale of the lands or any of them and therefore he desired that she would leave them to her children she answered to this or like effect that never a child she had either by Partridge or her former husband Cuckoke would ever be better off a penny from any of her lands and if she did not sell the lands in question rather than any of the children should be the better she would give them to any sufficient man that should keep them well enough from the lands or any profit by them and he further says that at a court held for the manor of Earls Colne the 30.12.28Eliz1 the said Robt Partridge and Rose Partridge his then wife came and prayed to be admitted to the tenement and lands according to the form and effect of the devise and surrender as by the court rolls may appear and she was admitted by the steward of his father Roger Harlakenden then lord of the manor and she being so admitted did forthwith in the same court surrender the same into the lords hands to the use of Robt Partridge her husband and her heirs as by the court rolls may appear Robt and she were admitted accordingly by force whereof they did hold and enjoy the tenements and lands for the space of three or four years and afterwards about the 31Eliz1 Robt and the complainant for that they informed his father late Roger Harlakenden Robt Partridge the elder father of Robt had before the solemnization of the marriage between Robt Partridge his son and the complainant had promised to assure to her lands and tenements to the value of 20li about and other lands of greater value to Robt Partridge his son and his heirs as he has heard which then Robt Partridge the father refused to do unless she would give fee simple of the said customary tenements and lands unto her husband which Robt Partridge the son seemed at that time unwilling to endeavour or attempt to obtain or procure from his wife as he has heard she the complainant also seemed unwilling to give or depart with the same but to the intent she might obtain the promises made unto her and her husband by her husband's father and yet very unwilling to make any surrender of the lands and tenements by cause hereby would a great charge grow as well for the fine due to Roger Harlakenden his father then lord of the manor of Earls Colne and other charges to be due upon the surrender and their admittances they procured as he has heard a copy to be made whereby there was a purported surrender by Robt Partridge the son and the complainant of the lands and tenements to the use of Robt Partridge and his heirs persuading themselves as is should seem that by the showing unto Robt Partridge his father the said copy he would have assured such lands and tenements to them according to his former promise but the father perceiving as it seemed upon a view thereof that the copy was but a colourable copy and would not be satisfied of truth and plain dealing as he has heard refused to assure any lands unto either of them all which afterwards Robt the son and the complainant Rose relating to Roger Harlakenden his father as he has heard and required his favour and furtherance therein w hereupon it was at last agreed upon by all parties as he has heard that the said Robt Partridge the son and Rose should join in one or several surrenders of the land and tenements for the use of the said Robt and his heirs and on this consideration the said Robt the son should be bound to resurrender the same within a certain time to the use of Rose and her heirs and so to draw his former estate for life whereby the complainant might be sole tenant in fee simple thereof and thereby enabled to help her father the children# which was much regarded by his the defendant's father to the intent that the same should be done his father forgave them the fine upon the surrender as he has heard and lent them some money out of his purse towards the satisfaction of the steward's fees which was never paid him again as he believes and afterwards they surrendered the lands to the use of Robt the husband and his heirs as by the court rolls may appear and Partridge the son as he has heard became bounden to Roger Harlakenden in 300li and the surrender back again of the same to the use of the complainant Rose his wife and her heirs according to the former agreement the said Partridge being thereupon seised by virtue of the surrender and admittance of the copyhold lands thereupon regarding neither bond promises nor credit as it seemed did afterwards as he takes it about 28.10.31Eliz1 mortgage the lands and tenements unto Edw Gurling and Jn Salter for the sum of 138li to be repaid by Robt Partridge and heirs on 20.10.32Eliz1 next ensuing which was long after the day prefixed by Partridge for the resurrender of the lands and tenements to the use of the complainant his wife and her heirs according to his bond and the agreement aforesaid and as he thinks and became bound as he has heard to Gurling and Salter in the sum of 300li for warranty of the title of the lands and tenements which surrender so made to Gurling and Salter was afterwards at a court held for the manor on 5.1.32Eliz1 well and orderly presented by the homage of the court as by court rolls may appear at the court held for this manor of Earls Colne on 12.6.32Eliz1 Edw Gurling and Jn Salter came and were admitted to lands and tenements according to force and effect of the surrender made by Partridge and were admitted and did fealty and paid their fine and by force whereof were seised of the lands and tenements in demesne as of fee according to custom as he takes it and so held and enjoyed the same until about .10.33Eliz1 at which time as he has heard Partridge the son again purchased the lands and tenements from Gurling and Salter for 160li and Gurling and Salter as he has heard became bound unto Partridge in the sum of 200li by obligation dated about .10.33Eliz1 with condition for the surrender the land and tenements and appurtenances to the use of Partridge and his heirs before easter next ensuing as he has heard before which time Edw Gurling surrendered his moiety to the use of Partridge and his heirs which was afterwards at the court holden for the manor the 24.7.34Eliz1 presented by the homage as by the court roll appears to which court because Partridge nor any other came for him to be admitted to this moiety of lands and tenements and pay the lord his fine due to him for the same on the surrender of Edw Gurling the steward as he has heard awarded a process to the bailiff of the manor to seize the moiety of the lands and tenements into the lord's hands and because Partridge afterwards upon many gentle demands made to him both by Roger Harlakenden and Wm Wiseman esq his steward did utterly refuse and deny as he has heard to take up his land and tenements according to the surrender made to him by Gurling or to pay or satisfy the fine due to Rich# Harlakenden caused the land and tenements to be seized upon this seizure and other subsequent matters was brought as he has heard to action at the common law for trial of the title of the moiety of the lands and tenements so surrendered by Gurling to the use of Partridge and his heirs which suit at the common law so depending as he has heard Partridge with the consent of the complainant as he takes it exhibited a bill from her late majesty's court of chancery against Roger Harlakenden and one Jn Church and Robt Reade tenants of the manor containing most false untruths and slanders as by the bill may appear too which bill answers have been made and there rested without further prosecution by Partridge as he takes it after Salter did surrender his moiety of the lands to the uses of Robt Partridge and his heirs as he has heard was also seized for the not taking up of the lands and for non payment of the fine by Partridge for Partridge refused to be admitted at a court held for the manor of Earls Colne on 9.6.32Eliz1 at which time the surrender was presented by the homage as by court rolls appears Partridge had dealt so many ways so crossly and craftily with Roger Harlakenden and would not be persuaded to any conformity or to keep any promises that he heard that Roger Harlakenden put his bond of 300li in suit afterwards at the assizes held at Chelmsford as he has heard in 35Eliz1 upon the trial of the action for the title of the lands or some of them a verdict was passed for Roger Harlakenden upon which verdict in the michaelmas term following holden at St Albans he had judgement and so afterwards execution and possession of the lands and tenements as by the records which for more certainty he refers himself more plainly may appear Roger Harlakenden being so seised of the lands and tenements by virtue of the seizure and execution aforesaid Robt Partridge and the complainant then his wife both again then became suitors unto Roger Harlakenden with great submission as he has heard for their former misbehaviour and disorderly proceedings against him and humbly entreating him that he would upon some reasonable composition and fine regrant the lands and tenements to them which he in regard of wrong slanders and injury offered him and the great troubles and charges they had put him into at first refused as he has heard but they entreated one mr Tiffin being a near neighbour and very good friend to Roger Harlakenden to be a means and mediator for favour and friendship for them who at the suit and entreaty of Robt Partridge and his wife taking pains in the matter obtained of Roger Harlakenden that he the said Tiffin make an end and order of the matter between Harlakenden and Partridge and the complainant which being granted mr Tiffin as he has heard ordered that Partridge should be admitted to the lands and tenements as by the surrender of Gurling and Salter and before that Roger Harlakenden claimed a certain grove containing by estimation 12a which now by bill is estimated to be 16a lately used which the tenement as he has heard to be a parcel of the said customary land or tenements as he takes it and therefore purported to retain the same still in his hands and mr Tiffin by the consent and good offices of Roger Harlakenden further ordered that Partridge by virtue of his readmittance be seised of the land and tenements except 6a parcel of the above grove for the use of the complainant now his wife for life and the remainder to the seven children by her former husband who otherwise were unprovided with any maintenance or relief the reason that moved mr Tiffin to confirm the lands and tenements to the children was by the means and provision of Roger Harlakenden as he thinks for that he saw the riotous course of life and the unkind and unnatural carriage of the complainants towards the children also that Robt Partridge and Rose had absolutely forfeited their estate and interest in the lands and tenements to Roger Harlakenden who had possession thereof by a due and orderly trial and proceeding in law as he takes and the 6a parcel of a grove Robt Partridge should by order or award surrender to the use of Roger Harlakenden and his heirs Roger Harlakenden should deliver Robt Partridge's bond of 300li in which he stood bound unto him for the surrendering and reassuring the lands and tenements for the use of the complainant Rose and her heirs for such admittance of Robt Partridge and the complainant to her estate for term of life they should pay to Roger Harlakenden 14li fine fines being arbitrable at the will of the lord and the lands being in lease at that time for 22li per annum about as he has heard without any other allowance for all the troubles wrongs and charges which Partridge put Roger Harlakenden unto Roger Harlakenden at the instance and request of Tiffin and the humble petition of Partridge and to the intent that the children might hereafter have some comfort and relief of the lands which was the chiefest thing Roger Harlakenden endeavoured or desired as he thinks and Partridge for himself and in the name of his wife the complainant accepted thereof with great thankfulness as he has heard and upon thursday 6.12.36Eliz1 both Roger Harlakenden and also Robt Partridge with other tenants met at the house of mr Tiffin in Colne Wake Essex and there Roger Harlakenden as he has heard delivered by his own hands seisin and possession of the lands and tenements to Robt Partridge and his heirs according to the order and agreement aforesaid as he has heard and by virtue thereof Partridge being seised of the lands and tenements did surrender them except the 6a of grove aforesaid to the use of the complainant his wife for the term of her life and the remainder to the children of Cuckoke her former husband and their heirs and then and there did likewise surrender the 6a parcel of the grove aforesaid to the use of Roger Harlakenden and his heirs thereupon Partridge gave full security unto Harlakenden for the payment of the 14li for the fine on the aforesaid agreement to be paid at the feast of the annunciation next which was paid as he thinks Roger Harlakenden according to his promise and agreement delivered to Robt Partridge the bond of 300li as he has heard afterwards as he takes it on the court held for Earls Colne on 5.8.37Eliz1 the complainant by her husband Robt Partridge came and prayed to be admitted to the estate for term of life and was admitted by force of the surrender and admittance she the complainant holds and enjoys the lands and tenements as he takes it and as to the surrender he refers to the original surrender by the complainant and out of court and she not examined to the use of Robt Partridge her husband and his heirs as the defendant says if the same had been so made then had there been no such cause as there was hereafter to take upon the 300li for Robt Partridge to surrender the same back again for the use of the complainant and her heirs neither would Robt Partridge safely hand the said Gurling and Salter for the warrant of the title of the lands unto them but the defendant assures himself that the surrender was made by the complainant and her husband joining with on the use of her husband and his heirs and that she was duly and orderly examined before the surrender as appears in the court rolls and as may appear in this defendant's late father's former answer exhibited against him by the complainant's late husband in this court as to the aspersion which seems by the bill to be scandalously laid on Roger Harlakenden his father says he thinks in his conscience it was injuriously cast upon him and without any cause at all he verily thinks that the principle thing# that Roger Harlakenden did intend was only the good of the complainant's children being then in extreme want and danger to be utterly undone by a wasteful father in law and by an improvident and unkind and unnatural mother and that he did nothing therein but that which was fit for an honest man to do and as did become him as lord of the manor and he further says that he thinks that the complainant or her husband with her consent did heretofore exhibit a bill into this court of chancery the same or some of the same matter in effect now complained of against his father and his father answered and it rested without any further proceedings there as he takes it and whether dismissed or not he does not know after the petition was also brought by the complainant as he has credibly heard to the lords of the council to the same or like effect against his father to which he also made answer and there that rested also and whether there was any petition or petitions unto the honourable late lord chancellor Ellesmere to such like effect as by the bill pretended he does not know says he knows nothing himself of the matters in the bill but only those which have been done since he came to be lord of the manor of Earls Colne about nineteen or twenty years since he confesseth that since (torn) the complainant has surrendered the use of the wood to him and his heirs after her decease and gave also her bond of 40li or 50li as he (torn) remembers to him for his enjoying it during her life or to suchlike effect and by force of all his titles mentioned he does as he thinks lawfully hold the same and says that in recompense thereof he did forgive the complainant the tithe of her corn of some small value due that year to him and gave her also as he remembers about 20s in money willing to give some small matter for his quiet not certainly knowing how his title stood and he thinks that the 6a of wood was not severed from the rest of the wood until the surrender made by the complainant neither as he had the complainant and her late husband such quiet possession of the 6a during all the times mentioned the complainant confesses in the bill that this defendant's late father arrested her workmen set on to fell the wood on the 6a and he lived not many years after having many suits of far greater consequence and he denies that he ever published any such court roll or entry of court roll in any other way than is fit for him as lord of the manor to do as he takes it says the entry of the court roll is not false but a true entry as he thinks in his conscience neither does he think there be any court rolls or entries of court rolls in any of the stewards books or books concerning the said lands or any of them but the same are all true and truly done and none false or counterfeit as he thinks and as for setting them all down which concern the lands mentioned in the bill he has not all in town and conceiveth that would be too tedious to set them all down if he had them here but he will consent the complainant shall either see them or take copies of them or she paying the fees due for the same he says he thinks Gurling and Salter did agree to take their money and to surrender the lands back again for that Robt Partridge the complainant's late husband did publish and give out that falsely that he had made a former surrender of the lands into the hands of some of the copyholders of the manor that it might defeat and endanger the estate of Gurling and Salter rather than for any such cause as in the bill is pretended as he thinks without that any other matter in the bill material or effectual etc etc